Editor's Note: This ordinance also provided for the redesignation of original Art. XII, Miscellaneous, originally §§ 255-93 through 255-97, as Art. XIII, §§ 255-105 through 255-109. Said sections were subsequently renumbered with the 2007 recodification; see now § 255-115 et seq.

It is the express purpose of this article to minimize
the visual and environmental impacts, as well as any potential deleterious
impact on property value, of wireless service facilities upon properties
located within the City or adjacent thereto. No wireless service facility
shall be placed, constructed or modified within the City without first
obtaining site plan approval from the special permit granting authority
(SPGA). The Board of Appeals shall be the special permit granting
authority for the issuance of a special permit to allow the placement,
construction and modification of wireless service facilities within
the City. This article is intended to be used in conjunction with
other regulations adopted by the City, and other zoning and general
ordinances designed to encourage appropriate land use, environmental
protection, preservation of the rural character and the provision
of adequate infrastructure development in Haverhill.

The regulation of wireless service facilities is consistent with the purpose of Chapter 255, Zoning, of the Code of the City of Haverhill and planning efforts at the local government level to further the conservation and preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for endangered species; protection of the natural resources of Haverhill, enhancement of open space areas and respect for Haverhill's rural character.

The emissions from wireless service facilities as defined
in the FCC Guidelines for Evaluating the Environmental Effects of
Radiofrequency Radiation ("FCC Guidelines") or any other applicable
FCC guidelines and regulations.

A system of wires or conductors and supporting structures
that functions in the transmission of electrical energy or communication
services (both audio and video) between generating stations, substations,
and transmission lines or other utility services.

Facilities used for the principal purpose of commercial or
public wireless communications uses, such as cellular telephone services,
enhanced specialized mobile radio services, microwave communications,
wireless communications services, paging services and the like, as
defined in Section 704 of the Federal Telecommunications Act of 1996,
as amended. Such facilities shall include towers, antennas, antenna
support structures, panels, dishes and accessory structures.

A wireless service facility may locate as of right on any existing guyed tower, lattice tower, monopole or electric utility transmission tower for which a special permit issued under this Article XII is in effect, provided that the new facility shall first obtain site plan review approval from the Board of Appeals and, provided further, that any new facility shall not exceed the terms and conditions of the special permit in effect for the existing facility on which it is to be located.

No wireless service facility shall be located in the City except upon issuance of a special permit in accordance with § 255-80 of this chapter. Such a facility may be located in any zoning district in the City, provided that the proposed facility satisfies all of the requirements set forth in this Article XII.

If feasible, wireless service facilities shall be
located on preexistent structures, including but not limited to buildings
or structures, preexistent telecommunications facilities, utility
poles and towers, and related facilities, provided that such installation
preserves the character and integrity of those structures. In particular,
applicants are urged to consider use of preexistent telephone and
electric utility structures as sites for one or more wireless service
facilities. The applicant shall have the burden of proving that there
are no feasible preexistent structures upon which to locate.

If the applicant demonstrates to the satisfaction
of the SPGA (special permit granting authority) that it is not feasible
to locate on a preexistent structure, wireless service facilities
shall be camouflaged to the greatest extent possible, including, but
not limited to, use of compatible building materials and colors, screening,
landscaping, with natural and/or artificial plantings (as indicated
through site plan review), and placement within trees.

Height, general. Regardless of the type of mount,
wireless service facilities shall be no higher than 10 feet above
the average height of buildings within 300 feet of the proposed facility.
In addition, the height of a wireless service facility shall not exceed
by more than 10 feet the height limitations of the zoning district
in which the facility is proposed to be located, unless the facility
is completely camouflaged such as within a flagpole, steeple, chimney,
or similar structure. Wireless service facilities may locate on a
building that is legally nonconforming with respect to height, provided
that the facilities do not project above the existing building height.

Height, ground-mounted facilities. Ground-mounted
wireless service facilities shall not project higher than 10 feet
above the average building height or, if there are no buildings within
300 feet, these facilities shall not project higher than 10 feet above
the average tree canopy height, measured from ground level (AGL).
If there are no buildings within 300 feet of the proposed site of
the facility, all ground-mounted wireless service facilities shall
be surrounded by dense tree growth to screen views of the facility
in all directions. These trees may exist or may be planted on site.

Height, side- and roof-mounted facilities. Side- and
roof-mounted wireless service facilities shall not project more than
10 feet above the height of an existing building or structure nor
project more than 10 feet above the height limit of the zoning district
within which the facility is located. Wireless service facilities
may locate on a building that is legally nonconforming with the respect
to height, provided that the facilities do not project above the existing
building height.

Height, preexistent structures (utility). New antennas
located on any of the following structures existing on the effective
date of this article shall be exempt from the height restrictions
of this article provided that there is no increase in height of the
existing structure as a result of the installation of a wireless service
facility: water towers, guyed towers, lattice towers, fire towers
and monopoles.

Setbacks. All wireless service facilities and their
equipment shelters shall comply with the building setback provisions
of the zoning district in which the facility is located. In addition,
the following setbacks shall be observed:

In order to ensure public safety, the minimum
distance from the base of any ground-mounted wireless service facility
to any property line shall be two times the height of the facility/mount,
including any antennas or other appurtenances. This setback is considered
the "fall zone." A minimum setback of 600 feet shall be required for
all wireless devices, antenna and their mounting structures, whether
attached to a new or existing structure, as measured from the adjacent
property line of properties which are either zoned for, or contain,
residential and or educational uses of any types.

In the event that a preexistent structure is
proposed as a mount for a wireless service facility, the setback provisions
of the zoning district shall apply. In the case of the preexistent
nonconforming structures, wireless service facilities and their equipment
shelters shall not increase any nonconformity.

When a wireless service facility extends above
the roof height of a building on which it is mounted, every effort
shall be made to conceal the facility within or behind preexistent
architectural features to limit its visibility from public ways. Facilities
mounted on a roof shall be stepped back from the front facade in order
to limit their impact on the building's silhouette.

Wireless service facilities which are side-mounted
shall blend with the preexistent building's architecture and, if over
five square feet, shall be shielded with material which is consistent
with the design features and materials of the building.

Camouflage by vegetation. If wireless service facilities
are not camouflaged from public viewing areas by existing buildings
or structures, they shall be surrounded by buffers of dense tree growth
and understory vegetation in all directions to create an effective
year-round visual buffer. Ground-mounted wireless service facilities
shall provide year-round vertical evergreen vegetated buffer of 50
feet, or 75% of the overall height of the structure, in all directions.
Trees and vegetation may be existing on the subject property or installed
as part of the proposed facility or a combination of both. Vegetation
should be natural in appearance and consistent with surroundings.

To the extent that any wireless service facilities
extend above the height of the vegetation immediately surrounding
it, they must be painted in a light gray or light blue hue which blends
with sky and clouds.

Wireless service facilities shall be lit only if required
by the Federal Aviation Administration (FAA). Lighting of equipment
structures and any other facilities on site shall be shielded from
abutting properties. There shall be total cutoff of all light at the
property lines of the parcel to be developed, and footcandle measurements
at the property line shall be 0.0 initial footcandles when measured
at grade.

Signs shall be limited to those needed to identify the property and the owner and warn of any danger. No tower or other facility shall contain any signs or other devices for the purpose of advertisement. All signs shall comply with the requirements of Article VII, Signs, of this Chapter 255.

Any wireless service facilities located on or within
a historic structure shall not alter the character-defining features,
distinctive construction methods, or original historic materials of
the building.

Wireless service facilities within an historic district
shall be concealed within or behind existing architectural features,
or shall be located so that they are not visible from public roads
and viewing areas within the district.

No facility shall be located within 300 feet of any
public way now or in the future designated as a scenic road. If the
facility is located farther than 300 feet from the scenic road, the
height regulations described elsewhere in this article shall apply.

Wireless service facilities shall not be located within open areas that are visible from public roads, recreational areas or residential development. As required in Subsection A, regarding camouflage, above, all ground-mounted wireless service facilities that are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth.

Wireless services facilities shall not be located
in wetland resource areas. Locating of wireless facilities in wetland
buffer areas shall be avoided whenever possible and disturbance to
wetland buffer areas shall be minimized. All Conservation Commission
regulations and procedures must be followed.

No hazardous waste shall be discharged on the site
of any personal wireless service facility. If any hazardous materials
are to be used on site, there shall be provisions for full containment
of such materials. An enclosed containment area shall be provided
with a sealed floor, designed to contain at least 110% of the volume
of the hazardous materials stored or used on site. Applicant must
comply with all federal, state and local regulations governing hazardous
materials.

Radiofrequency radiation (RFR) standards. All equipment
proposed for a wireless service facility shall be authorized per the
FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency
Radiation ("FCC Guidelines") or any other applicable FCC guidelines
and regulations.

Name, address and telephone number of applicant
and any coapplicants as well as any agents for the applicant or coapplicants.
A twenty-four-hour emergency telephone contact number shall be included
for use during construction as well as operation of the wireless communication
facility.

Original signatures are required for the applicant and all coapplicants applying for the special permit. If an agent represents the applicant or coapplicant, an original signature authorizing the agent to represent the applicant and/or coapplicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in this Chapter 255, Zoning, and the rules and regulations as applicable must be complied with.

A locus map at a scale of one inch equals 1,500
feet showing the subject property and all properties within 300 feet
and the location of all buildings, including accessory structures,
on all properties shown.

Representations, dimensioned and to scale, of
the proposed mount, antennas, equipment shelters, cable runs, parking
areas and any other construction or development attendant to the wireless
service facility.

Sight line representation. A sight line representation
shall be drawn from any public road within 300 feet and the closest
facade of each residential building (viewpoint) within 300 feet to
the highest point (visible point) of the wireless service facility.
Each sight line shall be depicted in profile, drawn at one-inch equals
40 feet scale. The profiles shall show all intervening trees and buildings.
In the event there is only one (or more) residential building within
300 feet there shall be at least two sight lines from the closest
habitable structures or public roads, if any.

Preexistent (before condition) photographs.
Each sight line shall be illustrated by one four-inch-by-six-inch
color photograph of what can currently be seen from any public road
and any residential building within 300 feet.

Proposed (after condition) photographs. Each
of the preexistent condition photographs shall have the proposed wireless
service facility superimposed on it to show what will be seen from
public roads and residential buildings if the proposed wireless service
facility is built.

Siting elevations or views at-grade from the
north, south, east and west for a fifty-foot radius around the proposed
wireless service facility plus from all preexistent public and private
roads that serve the subject property. Elevations shall be at either
scale of 1/4 inch equals one foot or 1/8 inch equals one foot and
show the following:

Antennas, mounts and equipment shelter(s), with
total elevation dimensions and average ground level (AGL) of the highest
point. All future proposed antennas, mounts and equipment shelters
if any must be shown in order to be included in the special permit.

Equipment brochures for the proposed wireless
service facility such as manufacturer's specifications or trade journal
reprints shall be provided for the antennas, mounts, equipment shelters,
cables as well as cable runs, and security barrier, if any.

Colors of the proposed wireless service facility
represented by a color board showing actual colors proposed. Colors
shall be provided for the antenna mounts, equipment shelters, cables
as well as cable runs, and security barrier, if any.

Dimensions of the wireless service facility
specified for all three directions: height, width and breadth. These
shall be provided for the antennas, mounts, equipment shelters and
security barrier, if any.

Appearance shown by at least two photographic
superimpositions of the wireless service facility within the subject
property. The photographic superimpositions shall be provided for
the antennas, mounts, equipment shelters, cables, as well as cable
runs, and security barrier, if any, for the total height, width and
breadth.

During the public hearing process the applicant
shall schedule with the Board of Appeals a balloon or crane test at
the proposed site, at the expense of the applicant, to illustrate
the height of the proposed facility.

If lighting on the site is required by the FAA,
the applicant shall submit a manufacturer's computer generated point-to-point
printout, indicating the horizontal footcandle levels at grade, within
the property to be developed and 25 feet beyond property lines. The
printout shall indicate the locations and types of luminaries proposed.

The applicant shall provide a statement listing
the preexistent and maximum future projected measurements of noise
from the proposed wireless service facilities, measured in decibels
Ldn (common logarithmic scale, accounting for greater sensitivity
at night), for the following:

All telecommunications facilities shall be operated
only at Federal Communications Commission (FCC) designated frequencies,
power levels and standards, including FCC radio frequency emissions
standards. The applicant shall provide certification demonstrating
that the maximum allowable frequencies; power levels will not be exceeded.
Certifications shall include technical specifications, a written explanation
of those specifications, and, if necessary, field verification. The
permit granting authority may condition any special permit granted
under this section upon a periodic submittal of certification of compliance
with said standards.

In order to determine compliance with applicable
FCC regulations, the applicant shall provide a statement listing the
preexistent and maximum future projected measurements of RFR from
the proposed wireless service facility, including all collocators,
for the following situations:

Certification, signed by a engineer, stating that RFR measurements are accurate and meet FCC guidelines as specified in the radiofrequency radiation standards subsection [§ 255-106F(1)] of this article.

Applicant must submit a copy of the letter from
the Massachusetts Department of Public Health approving the site for
this facility as required by 105 CMR 122.000 requires that the Department
of Public Health approve all sites for wireless facilities with respect
to emissions.

At the time of application filing, an environmental
assessment (EA) that meets FCC requirements shall be submitted to
the City for each wireless service facility site that requires such
an EA to be submitted to the FCC.

The applicant shall list location, type and
amount (including radiation trace elements) of any materials proposed
for use within the wireless service facility that are considered hazardous
by the federal, state or local government.

Waiver. The SPGA may waive one or more of the application
filing requirements of this section if it finds that such information
is not needed for a thorough review of a proposed personal wireless
service facility.

Technical expert. The SPGA may retain a technical
expert at any time to provide for a professional review and to insure
compliance with the technical requirements of this article, with the
cost of such a technical expert to be borne by the applicant.

Licensed carriers shall share wireless service facilities
and sites where feasible and appropriate, thereby reducing the number
of wireless service facilities that are standalone facilities. All
applicants for a special permit for a wireless service facility shall
demonstrate a good faith effort to collocate with other carriers.
Such good faith effort includes:

An applicant shall demonstrate to the Board of Appeals
that it has made a good faith effort to collocate its facility upon
an existing facility. The City may deny a special permit to an applicant
who has not demonstrated a good faith effort to provide for collocation,

If the applicant does intend to collocate or to permit
collocation, the City shall request drawings and studies that show
the final appearance and operation of the wireless service facility
at full buildout.

If the SPGA approves collocation for a wireless service facility site, the special permit shall indicate how many facilities of what type shall be permitted on that site. Pursuant to § 255-105, facilities specified in the special permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved special permit shall require a new special permit. This allows a carrier to "pre-permit" a site for additional facilities so that they will not have to apply for another special permit later.

In order to determine compliance with all applicable
FCC regulations, estimates of RFR emissions will be required for all
facilities, including proposed and future facilities both for the
applicant and all collocators.

After the facility is in operation, the applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the special permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in § 255-106F(1), regarding RFR filing requirements of this article. The measurements shall be submitted for both the applicant and all collocators.

After the wireless service facility is in operation the applicant shall submit to the SPGA; within 90 days of the issuance of the special permit and at annual intervals from the date of issuance of the special permit, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the standards of Chapter 182, Noise, of this Code.

The applicant and coapplicant or their successor in
interest shall maintain the wireless service facility in good condition.
Such maintenance shall include, but shall not be limited to, painting,
structural integrity of the mount and security barrier and maintenance
of the buffer and landscaping.

At such time that a licensed carrier plans to abandon
or discontinue operation of a wireless service facility, such carrier
will notify the City by certified US mail of the proposed date of
abandonment or discontinuation of operations. Such notice shall be
given no less than 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give
such notice, the wireless service facility shall be considered abandoned
upon discontinuation of operations.

Upon abandonment or discontinuation of use, the carrier
shall physically remove the wireless service facility within 90 days
from the date of abandonment or discontinuation of use. "Physically
remove" shall include, but not be limited to:

As a condition of any special permit for the placement,
construction or modification of a wireless service facility, a carrier
shall place into escrow a sum of money to cover the costs of removing
the facility from the subject property. Said amount shall be certified
by an engineer, architect or other qualified professional registered
to practice in the Commonwealth of Massachusetts. Said funds shall
be held by an independent escrow agent to be appointed by the carrier
and the SPGA. The carrier shall authorize and, as necessary, shall
obtain the authorization of the owner of the property to allow the
escrow agent to enter upon the subject property to remove the facility
when the facility has been abandoned or discontinued. In the event
the posted amount does not cover the cost of demolition and/or removal
the City may place a lien upon the property covering the difference
in cost.

A facility shall be deemed to be abandoned or discontinued
if it has not been used for the purpose for which it was originally
constructed for a period of six months or more. Once abandonment or
discontinuance has occurred, the carrier shall remove the facility
from the subject property within 90 days. In the event that the carrier
fails to remove the facility, the City shall give notice to the carrier
arid the independent escrow agent that the facility shall be removed
by the escrow agent forthwith and the escrow agent, after affording
written notice seven days in advance to the carrier, shall remove
the facility.

Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of this Article XII may be reconstructed, altered, extended or replaced on the same site by special permit, provided that the SPGA finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the City than the preexistent nonconforming structure. In making such a determination, the SPGA shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for collocation, improvements in public safety, and/or reduction in visual and environmental impacts.

Insurance in a reasonable amount determined and approved
by the SPGA after consultation at the expense of the applicant with
one or more insurance companies shall be in force to cover damage
from the structure, damage from transmissions and other site liabilities.
Annual proof of said insurance must be filed with the SPGA.

Funds, sufficient in the opinion of the SPGA to cover
annual maintenance of the facility, shall be placed into escrow and
shall be held by the independent escrow agent who shall be authorized
to expend the funds for the maintenance of the facility on terms to
be agreed upon by the carrier and the SPGA as a condition of approval
of the special permit.

Annual certification demonstrating continuing compliance
with the standards of the Federal Communications Commission, Federal
Aviation Administration and the American National Standards Institute
shall be filed with the SPGA by the special permit holder.

A special permit issued for any wireless service facility shall be valid for three years. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in § 255-80 and Article XI, Special Permit Conditions, of this Code.